Party in the Park at EFF's Freedom Fest 2003!

The Electronic Frontier Foundation is proud to host EFF's Freedom Fest 2003
on Saturday, August 9, from Noon to 5pm at Golden Gate Park's Music
Concourse Bandshell. This free event will showcase an eclectic lineup of
performers, including award-winning Bay Area musicians and an array of
other talented artists.

Hosted by EFF's John Perry Barlow, the afternoon is a celebration of Bay
Area talent and an opportunity for them to share their music.

"The day is to celebrate freedom, and we can't think of a better way to do
that than through free music and variety performances in Golden Gate Park,"
said EFF Executive Director Shari Steele. "We're thrilled to have such an
impressive lineup for this event. It's truly a reflection of the caliber of
talent that resides here in the Bay Area."

The performers that were selected for this year's event represent an
extraordinary combination of Bay Area artists, many of whom have earned
critical acclaim and become nationally recognized acts.

"I've known about EFF and its pursuit of digital rights for years," said
Tommy Boy/Warner Bros recording artist, Austin Willacy. "When they
approached me about performing at EFF's Freedom Fest 2003, it struck me as
a great way to both share my music with Bay Area residents and educate the
community about EFF and all the great work they're doing on our
behalf."

In addition to the musical performers, EFF's Freedom Fest 2003 will also
feature a variety of other performers, including:

KFOG 104.5/97.7 morning radio host Peter Finch will be making a special
appearance at the event to introduce the bands and host the KFOG booth.
Concert attendees can stop by to meet folks from the critically-acclaimed
rock station and enter the EFF Freedom Fest 2003 Contest.

Links:

Pacific Bell Sues Recording Industry for Customer Privacy

Electronic Frontier Foundation Supports ISP Resistance

San Francisco - The Electronic Frontier Foundation applauds a lawsuit
brought by Pacific Bell Internet Services on July 31 against three
organizations that are manipulating copyright laws to violate the privacy
of ISP customers.

The case concerns 97 subpoenas directed to Pacific Bell over the past two
weeks. The Recording Industry Association of America (RIAA) has issued
thousands of subpoenas to various ISPs, seeking the identity of music fans
who use peer-to-peer (P2P) file sharing networks.

The lawsuit alleges that the RIAA, along with MediaForce, a company that
issues millions of "cease-and-desist" letters to ISPs, and Titan Media, a
gay-themed adult entertainment company, have distorted certain provisions
of the Digital Millenium Copyright Act (DMCA) in an attempt to force
Pacific Bell to breach its customers' privacy.

Pacific Bell seeks a declaration from the court that any further subpoenas
and cease-and-desist letters for peer-to-peer file sharing activity must
follow some court-established safeguards ensuring that there is some
evidence of illegal activity before divulging personal information about
ISP customers.

"The misuse of the subpoena process by an adult entertainment company
emphasizes the potential for abuse with insufficient privacy protections in
the law," explained EFF Legal Director Cindy Cohn. "Without vetting by any
court, companies can issue subpoenas that disclose the identities of
targeted individuals and link their names to gay-themed adult porn, making
it impossible for them to regain their privacy later even if the
allegations are patently false."

This case highlights the privacy problems that led over 44 organizations to
join with EFF in opposing the subpoena process in a similar case involving
Verizon in Washington, DC, currently pending before a federal appeals
court.

"The DC Court dismissed our concerns about subpoena process abuse as
premature," added EFF Staff Attorney Gwen Hinze. "The California Court will
have an opportunity to consider critical privacy concerns in light of the
thousands of subpoenas the RIAA has issued as a clear abuse of the subpoena
process."

The RIAA's crusade has already drawn the concerned attention of Congress.
Senator Norm Coleman (R-MN) recently announced an investigation into the
issuance of the subpoenas and the threatened lawsuits.

EFF applauds both Pacific Bell and Senator Coleman and urges concerned
citizens to learn more about ways to make filesharing legal while getting
artists paid at our Let the Music Play Campaign.

Congress Considers Bill to Protect Privacy of Citizens

Penalties Proposed for Negligent Uses of Federal Databases

Washington, DC - On July 29, Senator Ron Wyden (D-OR) introduced to the
U.S. Congress the Citizens' Protection in Federal Databases Act (CPFDA), a
bill requiring federal agencies that collect personal information to report
what information they collect and how they intend to use the information.

The CPFDA bill would require federal agencies to report on accountability
mechanisms for federal agents who maliciously or negligently enter or
misuse personal information they gather and would forbid federal agencies
from conducting searches based on hypothetical scenarios or suppositions.

"The Electronic Frontier Foundation (EFF) supports efforts to protect
privacy in the use of information by federal agencies," said EFF Washington
Policy Liaison Lisa Dean. "Increased national security also comes from
restrictions to ensure appropriate information gathering and measures to
protect personal information stored in federal databases."

Once passed, federal agencies would have to report to Congress before
obtaining funding for purchases of commercial databases. Within 60 days of
the bill's passage, the agencies would have to report to Congress on use of
existing databases.

In addition to EFF, the Electronic Privacy Information Center (EPIC),
Center for Democracy and Technology (CDT), the American Civil Liberties
Union (ACLU), and the Free Congress Foundation have expressed support for
the CPFDA legislation.

Links:

New Maritime Security Regulations Threaten Civil Liberties

Electronic Frontier Foundation Defends Traveler Privacy

San Francisco - On July 31, The Electronic Frontier Foundation (EFF) on
asked the Department of Homeland Security to reconsider new regulations
authorizing maritime vessel owners, such as cruise ship operators, to
subject their passengers to indiscriminate I.D. checks and invasive
searches.

EFF, together with cosigners PrivacyActivism, Privacy Rights Clearinghouse,
and travel writer Edward Hasbrouck, argued that the Department of Homeland
Security's interim regulations on maritime vessel security raise
significant concerns for individuals' privacy, civil liberties, and the
freedom to travel guaranteed by the U.S.
Constitution.

"Under these new rules, cruise ship passengers must produce I.D. and submit
to a full search in order to board, while remaining subject to searches and
demands for their 'papers' throughout the trip," noted EFF Attorney and
Equal Justice Works Fellow Kevin Bankston. "I.D. checking and invasive
searches are quickly becoming the norm for every mode of public
transportation, and if this trend continues, Americans will soon be unable
to exercise their right to travel without first surrendering their right to
privacy."

PrivacyActivism Executive Director Deborah Pierce added, "Given the lack of
any demonstrated security benefit from indiscriminate I.D. checking, the
Department of Homeland Security's new regulations are a wholly unwarranted
invasion of traveler privacy."

Network Solutions Inc. Screwed Up Sex.com Domain Dispute

Court Confirms Domain Registries Must Protect Public

San Francisco - On July 28, A federal appeals court ruled that Internet
domain names are personal property, so domain registry Network Solutions,
Inc. (NSI) can be held responsible for transferring the domain name Sex.com
to an unauthorized party.

The decision agreed with a "friend-of-the-court" brief, filed last year by
the Electronic Frontier Foundation (EFF), that asked the Ninth Circuit
Court of Appeals to hold NSI responsible for mistakes the domain registry
made while overseeing domain names.

"NSI and other domain name registries are a critical part of the
architecture that keeps the Internet running," said EFF Staff Attorney
Jason Schultz. "The court's Sex.com decision provides Internet domain
registrants with protection from inappropriate domain name seizures."

The case arises from NSI's actions in taking the Sex.com domain name from
appellant Gary Kremen and giving the domain to another Internet user who
presented NSI with fraudulent information.

RIAA Names New Chief
And boy is Mitch Bainwol excited: "What could be more rewarding than
helping to promote two great American traditions: music and property
rights?" Hmmm... how about sending people into bankruptcy and peddling
legislation that could turn 60+ million Americans into felons? Does that
sound rewarding, Mitch?

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